Remarriage of your surviving spouse or civil partner

If you make similar Wills with a partner and leave everything to each other and then on the second of you to die to subsequent conditional beneficiaries e.g. your children you should appreciate that after your death your surviving partner could make a new Will to new beneficiaries. The survivor of you could remarry. The new husband or wife may then have a claim on the subsequent death of the survivor of you to the detriment of the children of your relationship. If this is an issue of concern to you one option and the most prevalent is to trust your spouse or civil partner in the event of your death, and your spouse or civil partner’s remarriage, to organise their financial affairs and new Will fairly between both your children and any obligations to a new spouse or civil partner.

A second option is to take out life assurance which can be written in trust outside your estate to provide for and protect those beneficiaries e.g. your children on your death. If your children are young you are probably at an age where such life assurance, particularly term assurance, will be cheap; if you are interested in this you should contact your regulated financial adviser for details. A third option is to specify your Will is a Mutual Will which is unusual and restrictive on your surviving partner.